Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-07
THE HITCH IN THE INAUGURATION

The decision of the Speaker of the
House in the matter of publishing the re-
turns of the election for Governor is I'M
questionably sound.
The Constitution directs that "the re-
turns of every election for Governor shall
be sealed up and transmitted to the seat of
Government, directed to the Speaker of
the Assembly, who shall, during the first
week of the session, open and publish
them in the presence of both houses of the
Legislature. The person having the high
est number of votes shall be Governor"
There is no ambiguity in this provision.
The first duty is imposed upon the County
Clerks-to seal up and transmit the re-
turns; upon the Speaker rests the second !;
the responsibility of opening dpublishing
them. This is to be begun in the first
week of the session, and in the presence of
both houses of the Legislature, which are
thus called as witnesses. Now, two
counties having failed to send up their re-
turns, what is the duty of the officer by
whom the publication is to made ??
He cannot ascertain the result of the cleo
ton from any other source than that
prescribed by the Constitution, no matter
what his unofficial knowledge may be. If
he were permitted to do so, it will be
readily seen that the method of choosing
a Governor prescribed by law could be
avoided, and the expressed will of the peo-
pie defeated. 1t is plainly, therefore, the
duty of the proper officers to invoke the
Courts of law, if need be, to compel the
delinquent counties to send up their re-
turns
And the Courts will do this, for other
wise it would be within the power of any
County Clerk to say who shall be Governor
If we suppose the case of the last hour of
the first week of the session" to have
arrived, and the returns of the negligent
counties to be still wanting, we cannot
even then give countenance to the idea
that the Speaker must publish the result
upon the returns he has in hand For
such proceeding would simply be con-
fession that any County Clerk, by with
holding the returns and avoiding legal
service, could change the actual result of
an election by defeating the necessary
legal declaration.
Clearly, then, all the returns must be
made before any result can be announced,
and to the bringing of them ssthe power
of the State through the Courts may be in
voked, and, if need demands, must be.
This is the only right and safe ground
to take; any other would be revolutionary
Partisans who in their heat go so far as to
denounce the Speakers act, and clamor for
the Inauguration of Mr. Bartlett without
the receipt of the returns required by the
Constitution, will probably regret their
haste. There is no political color in the
action of the Speaker. He has done pre-
cisely what the law requires Under his
aNtlVh uu Ii5ht Cdu Dt uSiSdteu no wrong
possibly done. By any other course than
that he has pursued not only would the
Constitution be infringed, and the rights
of candidates imperiled, but a precedent
set so fraught with dangers that the most
ordinary intelligence cannot fail to COM
prehend the inextricable confusion and
demoralizing results that might follow
every election, nor fail % see how the
choosing of Governor would be possible
to be transferred from the people to the
within, venality or stupidity of any one of
the ffty-two County Clerks in the State
The exhaustive and mastery exposition
of the whole question by Senator Vroo-
man, whose argument appears in our legis-
latiye report this morning, with the clear
aud convincing opinion of Speaker Jordan,
will be found to be conclusive of the whole
matter, and must carry conviction to every
candid mind.
1t will not be without profit that this
Glitch in the Inauguration of the new
Governor has occurred. 1t will probably
result in such regulation by law, giving
effect to the Constitution, that the fact will
be early enough officially known in some
quarters whether County Clerks have
obeyed the law, to compel them to do so
in time for the publication eontem-
plated by the organic act. The convenience
Of the people of the State, and the moving
of the machinery of legislation should not
be dependent upon the stupidity, dishon-
esty or laziness of County Clerk
DYNAMITE ITO TIE FORE"
For the fourth time the street railway